BILL NUMBER: AB 942	CHAPTERED  09/15/99

	CHAPTER   391
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   JUNE 2, 1999
	AMENDED IN ASSEMBLY   MAY 13, 1999
	AMENDED IN ASSEMBLY   APRIL 26, 1999

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 25, 1999

   An act to amend Sections 17980 and 17980.6 of the Health and
Safety Code, relating to housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 942, Dutra.  State Housing Law:  enforcement.
   (1) The State Housing Law authorizes a city or county enforcement
agency to issue an order or notice to repair a building to the owner
if the building is maintained in a manner that violates any
provisions of this act, the building standards published in the State
Building Standards Code, or any other rule or regulation promulgated
pursuant to the act, and the violations are so extensive and of a
nature that the health and safety of the residents or the public is
substantially endangered.
   This bill would require that a copy of the order or notice be
provided either (a) by both posting a copy of the order or notice in
a conspicuous place on the property and by first-class mail to each
affected residential unit or (b) by posting the copy in a conspicuous
place on the property and in a prominent place on each affected
residential unit.  The bill would also require that the order or
notice contain specified information.  By increasing the duties of
local enforcement officials, the bill would impose a state-mandated
local program.
   (2) Existing law also requires that tenants in a residential
building be provided notice of any violation of the provisions
specified in (1) above that affects the health and safety of the
occupants and renders the building untenantable, as well as be
provided notice of an order of the code enforcement agency issued
after inspection declaring a dwelling substandard, an enforcement
agency's decision to repair or demolish, or the issuance of a
building or demolition permit following the abatement order of an
enforcement agency.  This notice may be provided either by
first-class mail to each affected unit or by posting a copy of the
notice in a prominent place on the affected residential unit.
   This bill instead would require this notice to be provided by
posting a copy of the notice in a conspicuous place on the property.

  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17980 of the Health and Safety Code is amended
to read:
   17980.  (a) If any building is constructed, altered, converted, or
maintained in violation of any provision of, or of any order or
notice that gives a reasonable time to correct that violation issued
by an enforcement agency pursuant to, this part, the building
standards published in the California Building Standards Code, or
other rules and regulations adopted pursuant to this part, or if a
nuisance exists in any building or upon the lot on which it is
situated, the enforcement agency shall, after 30 days' notice to
abate the nuisance, institute any appropriate action or proceeding to
prevent, restrain, correct, or abate the violation or nuisance.
   (b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any building and has determined that the building is a
substandard building, the enforcement agency shall commence
proceedings to abate the violation by repair, rehabilitation,
vacation, or demolition of the building.  The enforcement agency
shall not require the vacating of a residential building unless it
concurrently requires expeditious demolition or repair to comply with
this part, the building standards published in the California
Building Standards Code, or other rules and regulations adopted
pursuant to this part.  The owner shall have the choice of repairing
or demolishing.  However, if the owner chooses to repair, the
enforcement agency shall require that the building be brought into
compliance according to a reasonable and feasible schedule for
expeditious repair.  The enforcement agency may require vacation and
demolition or may itself vacate the building, repair, demolish, or
institute any other appropriate action or proceeding, if any of the
following occur:
   (A) The repair work is not done as scheduled.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option which cannot be completed within a
reasonable period of time, as determined by the department, for any
reason, including, but not limited to, an outstanding judicial or
administrative order.
   (2) In deciding whether to require vacation of the building or to
repair as necessary, the enforcement agency shall give preference to
the repair of the building whenever it is economically feasible to do
so without having to repair more than 75 percent of the dwelling, as
determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local
jurisdiction's housing element.
   (c) (1) Notwithstanding subdivision (b) and notwithstanding local
ordinances, tenants in a residential building shall be provided
notice of any violation described in subdivision (a) which affects
the health and safety of the occupants and which violates Section
1941.1 of the Civil Code, an order of the code enforcement agency
issued after inspection of the premises declaring the dwelling to be
substandard, the enforcement agency's decision to repair or demolish,
or the issuance of a building or demolition permit following the
abatement order of an enforcement agency.
   (2) Notice pursuant to this subdivision shall be provided to each
affected residential unit by the enforcement agency that issued the
order or notice, in the manner prescribed by subdivision (a) of
Section 17980.6.
   (d) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year.
   (e) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.
  SEC. 2.  Section 17980.6 of the Health and Safety Code is amended
to read:
   17980.6.  (a) If any building is maintained in a manner that
violates any provisions of this part, the building standards
published in the State Building Standards Code relating to the
provisions of this part, or any other rule or regulation promulgated
pursuant to the provisions of this part, and the violations are so
extensive and of such a nature that the health and safety of
residents or the public is substantially endangered, the enforcement
agency may issue an order or notice to repair pursuant to this part.
Any order or notice pursuant to this subdivision shall be provided
either by both posting a copy of the order or notice in a conspicuous
place on the property and by first-class mail to each affected
residential unit, or by posting a copy of the order or notice in a
conspicuous place on the property and in a prominent place on each
affected residential unit.  The order or notice shall include, but is
not limited to, all of the following:
   (1) The name, address, and telephone number of the agency that
issued the notice or order.
   (2) The date, time, and location of any public hearing or
proceeding concerning the order or notice.
   (3) Information that the lessor cannot retaliate against a lessee
pursuant to Section 1942.5 of the Civil Code.
   (b) If the owner does not correct the condition that caused the
violation within a reasonable time after issuance of the notice or
order, the enforcement agency may, in addition to any other remedies
provided by law, seek the remedies provided for in Section 17980.7 if
the court finds the owner responsible for a violation of this part
and orders repairs as part of a civil or criminal judgment against
the owner, or in a stipulation to a judgment by the owner which
includes provisions governing repairs.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
